answered on Mar 3, 2020
The short answer is "no"- as the previsous answer indicates, living expenses are considered, and that is part of the computer formula, BUT the support is a priority expense. The computer determines the amount you pay, and it is up to you to figure out how to live on what is left.
My ex husband fell behind on his child support for a few years and is now paying the regular support plus a few dollars in arrears each month. The support order says he can use the child as a deduction only if he is current on child support. Is he considered current, if he still owes $6000 in... Read more »
answered on Feb 6, 2020
No, his is not current. If he was current the arrears would be "zero."
Even if the ex wife and son are still both in my home?
answered on Jan 30, 2020
The "parenting plan " form which is part of your divorce papers has a section on child support. The form has a section where the parties choose the date- In summary, you've got to review the divorce papers and see what they say. If the section was not filled out, generally court... Read more »
My mother has no money
answered on Jan 28, 2020
Consult an experienced real estate lawyer with the proposal that the attorney fees can be paid from the sale proceeds. If the house has any real value, an experienced lawyer will know that he will eventually get paid in full and thus he/she won't require payment in advance. If your aunt... Read more »
property floods water backs up like a pond half of my 1.5 acre yard is flooded. i ve tried talking to them but they don't want to talk about it. natural flow is from my property through their property to retention pond.
answered on Jan 24, 2020
Your neighbor has created what the law calls a "nuisance"- you have the right to sue to have it removed. It sounds like the situation can be corrected, so the nuisance is "temporary." Consult an experienced real estate lawyer.
He passed away in May without a will and now my mom thinks she is the owner. The tax office placed "etux" behind his name on the tax papers. Is that only for survivorship if I were to pass away or does she now legally own half? I want to sell and move but she is refusing me to have the... Read more »
answered on Jan 10, 2020
the tax records are irrelevant- you must look at the DEED. That is the document that determines ownership. If half passed to your mother upon your fathers death, then you can still force a sale of the property through a "partition lawsuit." Consult an experienced real estate lawyer to assist you.
answered on Jan 9, 2020
You must go to the office of the court clerk- there will be a charge of the copy and an extra charge if you want the copy to be "certified" ( verified as accurate). You will need the exact names of the people/entities involve in the case or the case number to assist the clerk in finding... Read more »
answered on Jan 9, 2020
There is a "small estate" procedure which you may qualify for- depending on the amount of money in the Bank account. No personal property? No vehicle?
There is also a statute which allows banks to release up to $15,000 after 30 days of the date of death to the next of kin. You... Read more »
Food is not available for her on a regular basis and I have had her every weekend since she was three months old. She is wanting to live with me full time, is this a possibility for her?
answered on Dec 13, 2019
It is certainly possible, but VERY difficult to say probable. It is very difficult for a non-parent to prevail over a parent in a custody case. Tennessee courts follow a principle called the "superior rights" doctrine, which as the name implies, states that the parents' right to... Read more »
what do I do if an firm is holding money owed to me in a IOLTA and refuses to give info or release funds. The attorney who represented me now has his own firm and they have shut him out and will not provide him info after promising to release monies owed to me. I have been in this battle for over 1... Read more »
answered on Dec 5, 2019
Contact the Tennessee Board of Professional Responsibility ( this is the board that governs lawyers). This office can assist you with complaint or disputes with your attorney.
answered on Dec 4, 2019
Most likely - yes, and perhaps more importantly, it's unclear whether you can sell the property without her signature/consent.This is hard to answer without actually seeing the document that created the life estate. I do not think simply "moving out" of the premises is enough to... Read more »
She was not intoxicated. This could severely affect her and her son. Is this slander or defamation of character?
answered on Dec 2, 2019
No, statements made in court are generally not actionable as defamation.
Her husband has been out of the picture for 17 yrs.He said he will sign whatever i need signed.I have the Power of Attorney for care of a minor child form.But i am having a hard time with getting an audience with a judge.How do we go about being seen by a judge?So that he can officially sign off on... Read more »
answered on Nov 27, 2019
A request to change a surname is a court proceeding: you have to file a written petition ( also called a "complaint" under the rules of procedure) and give notice of that filing to any persons or entities that my be affected by your petition ( and in your case, there may not be anyone... Read more »
If my ex ( who is the custodial parent) has additional children in a new relationship, would that affect my child support obligation?
answered on Nov 26, 2019
Yes- under the guidelines, if either parent has additional children in their home ( or other children outside their home for which they are paying support) this is a factor in the calculation of support.
answered on Nov 19, 2019
Probably yes, but this will depend on the wording of your operating agreement. He will also be required to pay for the use of the business name, but putting a value on this and other aspects of the "good will" of the business can be difficult.
We own a business together
answered on Nov 19, 2019
yes- but that does not affect your ownership or the management of the business.
I am wanting to downsize and sale. Are they legally bound to accept 1/3 of the agreed on selling price less their contribution expenses for the last 12 years since their father..my husband passed?
answered on Nov 18, 2019
Yes and No- your question is complicated. As to the sale of the property, yes, you can force them to sell and they will be entitled to one third of the net sale proceeds if your husband/their father died without a will. the more difficult part of the question is the part about deducting their... Read more »
The boyfriend has been charged several times with abusing women including my daughter and doesn’t work. What can I do????
answered on Nov 12, 2019
If you have evidence ( proof for court, not just suspicions) that a child is being abused, you can file a petition ( a written request explaining your reasons and your proof) in Juvenile Court and a hearing will be scheduled where you can present the proof to the Judge. If you convinced the Judge... Read more »
I got married 1 Nov 19 and now I want an annulment
answered on Nov 11, 2019
Contrary to popular belief, under Tennessee law, the short duration of a marriage is not grounds ( a legal reason) for an annulment. An annulment is the procedure for having a marriage declared void/invalid because of some DEFECT in the marriage itself ( for example, underage parties, fraud or... Read more »
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